Karnataka High Court

Sri Ventaka Reddy vs The State Of Karnataka on 8 April, 2024

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

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                                                   NC: 2024:KHC:14378
                                                CRL.A No. 423 of 2024




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 8TH DAY OF APRIL, 2024

                                      BEFORE
                    THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                         CRIMINAL APPEAL NO. 423 OF 2024
             BETWEEN:

             1.    SRI. VENTAKA REDDY
                   S/O KRISHNAPPA,
                   AGED ABOUT 44 YEARS,
                   R/AT MEDIHALA VILLAGE,
                   VEMAGAL HOBLI,
                   KOLAR TALUK-563102.
                                                         ...APPELLANT

             (BY SRI. NANJUNDA GOWDA M R., ADVOCATE)


             AND:

             1.    THE STATE OF KARNATAKA
                   VEMAGAL POLICE STATION,
                   VEMGAL.
Digitally
signed by          REPRESENTED BY
LAKSHMI T          STATE PUBLIC PROSECUTOR,
                   BENGALURU-560001.
Location:
High Court
of           2.    SMT. MUNIRATHNAMMA
Karnataka          W/O LATE VENKATAPPA
                   AGED ABOUT 41 YEARS,
                   IQ COMPANY SUPERVISOR,
                   R/A MEDIHALAGRAMA,
                   VEMAGAL HOBLI,
                   KOLAR TALUK,
                   KOLAR DISTRICT-563102.
                                                       ...RESPONDENTS

             (BY SRI. HARISH GANAPATHY, HCGP)
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                                        NC: 2024:KHC:14378
                                     CRL.A No. 423 of 2024




     THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
PRAYING TO SET ASIDE THE ORDERS PASSED ON 15.02.2024
IN CRL.MISC.NO.92/2024 ON THE FILE OF THE II ADDL.
DISTRICT AND SESSIONS JUDGE AT KOLAR AND ALLOW THE
APPEAL AND RELEASE THE APPELLANTS ON BAIL IN THE
EVENT OF HIS ARREST IN CR.NO.14/2024 FOR THE OFFENCES
P/U/S 3(1)(r)(s) OF SC/ST (POA) ACT AND SEC. 323, 354, 504
OF IPC.

     THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

This appeal is preferred under Section 14(A)(2) of

SC/ST (POA) Act, 1989, praying to set aside the order

dated 15.02.2024 passed by the II Additional District and

Sessions Judge, Kolar in Criminal Misc No.92/2024 and

consequently to enlarge the appellant/sole accused on bail

in Crime No.14/2024 of Vemagal Police Station, registered

for the offences punishable under Section 3(1)(r)(s) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Amendment Ordinance 2014 and Section 504,

323, 354 of IPC.

NC: 2024:KHC:14378

2. Heard the learned counsel for the appellant,

learned High Court Government Pleader for the State and

perused the material on record.

3. learned High Court Government Pleader

submitted that as per the report of the police, respondent

No.2 has been served.

4. The gist of the complaint averments are that,

on 24.01.2021 at about 5.10 p.m., when the complainant

after finishing her work was waiting for the bus, the

accused came on a two wheeler and in the guise of taking

her to Medihala Village, took her in his vehicle and on the

way abused her in filthy language referring to her caste

name, tore her dress and attempted to commit rape on

her. Hearing her hue and cry, her uncle's son by name

Srinivas came to the spot and on seeing him, the accused

fled away. Thereafter, the said Srinivas took the victim to

Vemagal Government Hospital and she took further

treatment at SNR Hospital, Kolar and Gourav Hospital.

NC: 2024:KHC:14378

5. Learned counsel for the appellant would

contend that the entire allegations are false and if any

such incident had taken place, the complainant would have

lodged a complaint immediately, on the other hand,

complaint was lodged belatedly after due deliberation. He

has contended that the complainant might have sustained

injuries by falling from the vehicle and for extraneous

reasons, she has implicated the appellant, at the instance

of the persons who are inimical towards him. He further

contended that even though the complainant took

treatment in different hospitals, no MLC was sent. On the

other hand, after three days she has visited the Police

Station and lodged the complaint making false allegations.

He submits that the appellant is ready and willing to abide

by any conditions. Accordingly, seeks to allow the appeal.

6. Per contra, the learned High Court Government

Pleader has opposed the prayer seeking anticipatory bail,

contending that the learned Sessions Judge having

considered the entire facts and circumstances of the case

NC: 2024:KHC:14378

and also observing that there are prima facie materials

against the appellant has rejected the petition filed under

Section 438 of Cr.P.C., in view of the bar under Section 18

and 18A of the SC/ST Act. He contended that the accused

has attempted to commit rape on the complainant, which

is a heinous offence and therefore, the appellant is not

entitled for the relief sought in the appeal. Accordingly, he

sought to dismiss the appeal.

7. The incident is alleged to have taken place on

24.01.2024 at about 5.10 p.m. According to the

complainant she was waiting for the bus after her work, to

go to her village. At that time, the appellant came in a

passion pro two wheeler and told her that he would drop

her to the village. Since, the appellant was known to her,

she went along with her in his two wheeler. The appellant

took his two wheeler towards the hill area on the side of

Kolar - Vemagal road instead of going to the Village. He

acted as if he was speaking over the phone to someone

and thereafter, held the complainant's hand tightly stating

NC: 2024:KHC:14378

that he wants her and abused her with reference to her

caste. When the complainant tried to hold her tightly, she

fell down. The accused attempted to commit rape on her

and in the meantime, her uncle's son by name Srinivas

came to the spot on hearing her screaming. Seeing him,

the appellant ran away.

8. The learned Sessions Judge has dismissed the

prayer seeking anticipatory bail on the ground that the FIR

and other materials produced before the Court clearly

indicates the existence of prima facie materials and when

there is a prima facie case, the bar under Section 18 and

18A of the Act applies. It is further observed that the

contents of the complaint shows that the accused has

attempted to commit rape on the complainant which is a

heinous offence.

9. The complaint was lodged on 27.01.2024. It is

stated that the elders of the village tried for a settlement

and even after three days, since the settlement did not

take place, the complaint was lodged. In the complaint

NC: 2024:KHC:14378

itself it is stated that the victim was taken by Srivinas to

Vemagal Government Hospital wherein, she was given

treatment and for further treatment she was admitted at

SNR Hospital, Kolar and again she took treatment at one

Gaurav Hospital. As rightly contended by the learned

counsel for the appellant from none of these hospital MLC

was sent to the Police. A perusal of the complaint

averments goes to show that the appellant is a known

person to the complainant.

10. The Statement of Srinivas was recorded on

30.01.2024. He has stated that he heard some screaming

sound and saw the accused dragging the hands of the

complainant and on seeing him he fled away in his vehicle.

On enquiry with the complainant, she revealed about the

incident. A perusal of his statement does not reveal that

he is a witness to the accused abusing the complainant

referring to her caste etc. As per the complaint, the injury

sustained by the complainant is on account of fall from the

two wheeler. As per the history furnished in the wound

NC: 2024:KHC:14378

certificate, the injuries were on account of alleged road

traffic accident. Further, as per victim's letter dated

28.01.2024, she was assaulted by the accused.

11. Initial history furnished to the doctor on

24.01.2024 when the victim was admitted to the hospital

was that the injuries were on account of road traffic

accident. After registration of the case, it appears that

she has written a letter stating that the injuries were on

account of assault by the accused. In the complaint, she

has not at all whispered that she was assaulted by the

accused, on the other hand, she has stated that she

sustained injuries when she fell from the two wheeler.

12. A perusal of the material on record gives rise to

a doubt regarding the alleged incident as projected by the

prosecution. The incident has not taken place only for the

reason that the complainant belong to scheduled caste or

Scheduled Tribe. Hence, the following:

ORDER

Appeal is Allowed.

NC: 2024:KHC:14378

The order dated 15.02.2024 passed by the Court of

II Additional District and Sessions Judge, Kolar in Criminal

Misc No.19/2024 is set aside.

The appellant/accused in Crime No.14/2024 of

Vemagal Police Station is directed to be released in the

event of his arrest, subject to following conditions:

i. He shall appear before the Investigation Officer within a period of one week from the date of receipt of a certified copy of this order and shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum.

ii. He shall furnish proof of his residential address and shall inform the Court if there is any change in the address.

iii. He shall not tamper with the prosecution witnesses either directly or indirectly.

     iv.    He     shall       cooperate                  with    the
            investigation of the case, whenever
            called upon to do so.
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                                        NC: 2024:KHC:14378





      v.    He shall be regular in attending the
            Court proceedings.